FOUR men with colourful nicknames, who were charged with inflicting grievous bodily harm with slash hooks on their uncle, were freed by a court after the victim and his family refused to give evidence.
The accused were: Mr Charles "Swan" McDonagh (39), Mr Bernie "Young Sham" McDonagh (21); Mr Bernard "Foal" McDonagh (32); and Mr Martin McDonagh (21), also known as "Monty" and "Big Shoes". They all have addresses at Forgehill, Togher, Cork.
Mr Thomas McDonagh, of Tooraree, Baltyhaunis, Co Mayo, told the court he had made it up with the accused men, who were his nephews, and did not want to see them jailed.
Mr McDonagh's wife, Mary, and their sons, Eoghan, Terry and Simon, also said they did not wish to testify at the trial at Dublin Circuit Criminal Court.
Mr Roger Sweetman, prosecuting, told Judge Kieran O'Connor, following a short adjournment, that he had been instructed by the Director of Public Prosecutions to offer no further evidence.
Judge O'Connor told the jury he had no option but to direct that verdicts of "not guilty" be returned on all the charges against the four accused. He then discharged them from the dock.
They had pleaded not guilty to burglary on September 11th, 1994, with intent to inflict grievous bodily harm on Mr Thomas McDonagh; causing him grievous bodily harm with intent to maim, injure or disable him; inflicting grievous bodily harm on him; and assault occasioning Mr McDonagh actual bodily harm.
Mr Sweetman told the jury Mr Thomas McDonagh suffered compound fractures of both arms and his shoulders, after four men broke into his house in Ballyhaunis on September 11th, 1994, and attacked him with slash hooks.
Mr Sweetman then called Mr McDonagh to the witness box, but when he had taken the oath he said: "I'm giving no evidence here. I made it up with them and I don't want to see them jailed."
Judge O'Connor told the jury that each of the witnesses had made statements telling gardai the four accused men were the people who attacked Mr McDonagh with slash hooks. Now the whole family refused to testify to that in court.